AGREEMENTS. Expences. No. XXXV. * An Agreement between Assignees under a Commission of Bankrupt (or other Creditors or Persons) to bear the Expences of Suits in proportion to their respective Debts or other Interests. WITNESS. Parties agree day of ARTICLES of agreement made this AGREEMENTS. Expences. each other. instituted, or which shall or may be instituted by or against them the said (assignees), on the part or behalf of themselves, and other the said parties hereto, shall be borne and sustained by all and every the said parties hereto, and their respective executors, administrators and assigns, rateably and proportionably, according to the amount of their several and respective debts, set opposite to their respective names in the schedule hereunder written. AND each of them the And indemnify said parties secondly hereinbefore named doth covenant and propose to and with each of the said parties firstly hereinbefore named, that they the said parties secondly hereinbefore named, and their respective executors and administrators, shall and will at all times and from time to time, well and truly pay their said respective parts and proportions, unto them the said parties firstly hereinbefore named, and their respective executors, administrators or assigns, upon lawful demand being thereof to them respectively made; or otherwise effectually save harmless and indemnify them the said firstly named parties respectively, and their respective executors, administrators and assigns, from and against the same, any judgement, decree or order of any court of law or equity to the contrary in anywise notwithstanding. IN WITNESS, &c. SCHEDULE ABOVE REFERRED TO. AGREEMENTS. Freight. No. XXXVI. *An Agreement for Freight between a Master of a Ship or Vessel Variations where the Agreement is for the part only of the ship's WITNESS. The master agrees to let to freight. Convoy. Tonnage. ARTICLES of agreement entered into the of day of [or so the year 18 BETWEEN (the master) [or at within per ton for freight; the said goods to be laden on board the said ship or vessel, (1) If the ship is to sail with convoy, see post. No. xxxvii. " AGREEMENTS. Freight. within the space of from the date hereof, execute in due form of law, a charter party (if the freight be of the whole ship, or bill of lading, if of a part only) to the said (merchant) for performing the said voyage according to the true intent and meaning of these presents. AND shall and will well and truly keep, observe and perform all lawful port regulations, at and elsewhere, until full performance of the said contract on the part of him the said (master)(1). The merchant And in consideration of the premises, the said (merchant) for him- covenants to pay freight, &c. self, his executors and administrators, doth covenant, promise and agree with and to the said (master), his executors, administrators and assigns, by these presents, that he the said (merchant), his executors, administrators, factors or assigns, shall or will lade or cause to be laden on board the said ship, at aforesaid, the said tons as aforesaid, and within the time aforesaid, well and truly tons thereof the sum of £ (1) By the 54 Geo. 3. c. 159. and other statutes, the commissioners of To observe the the Admiralty, or harbour masters, have authority to make such regula- port regulations. tions as they may deem expedient, relative to the mooring, anchoring and placing of merchant and other vessels in harbours, &c., in order to their more convenient ingress, &c.; and as some of the penalties incurred by a disregard to these orders are payable by the owners, it is proper that they should be protected by a covenant of this kind, on the part of their employer the master. (2) The master of a vessel is liable for the weighage duty, although he Weighage. has no property in it; which makes the covenant proper for his indemni. fication. See Yarmouth v. Eaton, 3 Bur. 1402. (3) See ante, pp. 65. 70. AGREEMENTS. Freight. No. XXXVII. *An Agreement for Freight between the Master of a Vessel and several Merchants for the whole ship's tonnage. Variations where the ship is to sail with convoy. ARTICLES of agreement entered into the day of the year 18 BETWEEN (the master) of, &c., master of the ship or vessel called the thereabouts, now at , of the burthen of tons, or of the one part, and the several other persons who have signed and sealed these presents, merchants, of of the other part. WHEREAS the said (merchants), par ties hereto, have agreed to hire of the said (master), the aforesaid ship or vessel (whereof is commander) for loading at freight, to WITNESS. proceed from to (1). NOW THESE PRESENTS WITNESS, that Master agrees to the said (master) hath agreed, and hereby doth covenant and agree with the said several merchants, parties hereto, that the ship or vessel above named, shall sail with the first fair wind [or with the first convoy] (2) from and then take in the several quantities let ship to hire. Convoy. of , or other goods, wares and merchandizes, for which the said merchants respectively have subscribed, or so shall subscribe with their names here underwritten, within days from the date hereof [or if with convoy, within the time of the convoy's stay there] and return with the said convoy to the river (or as the case may be) and deliver and end her voyage there, at the rate of (1) And see ante, p. 146. per ton for all other tonnage thereof as usual AND in consideration of (2) This and the subsequent parts of the precedent, relative to the ship's sailing with convoy, is of course necessary only where hostilities have commenced or are apprehended, with some other country; and where they have actually commenced, it is always for the protection of the commerce of the country, made the subject of legislative provisions (see the act 43 Geo. 3. c. 57); but it is often made a stipulation between the parties themselves. See Cohen v. Hinckley, 1 Taunt. 253. |